HomeMy WebLinkAboutOrdinances Book 17, Page 470, Ordinance Number 71-3-441470 i
ORDINANCE NO. 71-3-441
AN ORDINANCE FORBIDDING DISCRIMINATION IN EMPLOYMENT, PLACE
OF PUBLIC ACCOMMODATION, AND HOUSING IN THE CITY OF PADUCAH, KENTUCKY
WHEREAS, it is the public policy of the Commonwealth of Kentucky,
to encourage fair treatment and equal opportunity for all persons,
regardless of race, color, religion, sex or national origin, and
WHEREAS the City of Paducah on May 26, 1964, created a Human
Rights Commission to aid in the settlement of complaints regarding
discrimination, but the City has not yet publicly defined the areas
of unlawful discrimination, and
WHEREAS, discrimination on any basis is detrimental to the
social health of a community,
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS
OF THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. Purpose and policy. It is the purpose and policy
of the City of Paducah to safeguard all individuals within the city
from discrimination because of race, color, religion, sex or national
origin in connection with employment, places of public accommodation
and housing, thereby to protect their interest in personal dignity
and freedom from humiliation, to make available to the city their
full productive capacities, to secure the city against strife and
unrest which would menace its democratic institutions, and to preserve
the public safety, health and general welfare, and to further the
interests, rights and privileges of all individuals within the city.
SECTION 2. Definitions
(a) "Person" includes one or more individuals, labor unions,
joint apprenticeship committees, partnerships, associations, corporations,
legal representatives, mutual companies, joint-stock companies, trusts,
unincorporated organizations, trustees, trustees in bankruptcy,
receivers, or other legal or commercial entity.
(b) "Commission" means the City of Paducah Human Rights Commission.
(c) "Commissioner" means a member of the commission.
(d) "Discrimination" means any direct or indirect act or practice
of exclusion, distinction, restriction, segregation, limitation, refusal,
denial or any other act or practice of differentiation or preference
471
in the treatment of a person or persons because of race, color, religion,
or national origin, or the aiding, abetting, inciting, coercing or
compelling thereof.
(e) "Real property" includes buildings, structures, real estate,
lands, tenements, leaseholds, cooperatives, condominiums, and
hereditaments, corporeal and incorporeal, or any interest in the above.
(f) "Housing accommodation" includes improved and unimproved
property and means a building, structure, lot or part thereof which is
used or occupied, or is intended, arranged or designed to be used
or occupied as the home or residence of one or more individuals.
(g) "Real estate operator" means any individual or combination of
individuals, labor unions, joint apprenticeship committees, partner-
ships, associations, corporations, legal representatives, mutual
companies, joint-stock companies, trusts, unincorporated organizations,
trustees in bankruptcy, receivers or other legal or commercial entity,
the county or any of its agencies, that is engaged in the business of
selling, purchasing, exchanging, renting or leasing real estate, or
the improvements thereon, including options, or that derives income,
in whole or in part, from the sale, purchase, exchange, rental or
lease of real estate; or an individual employed by or acting on
behalf of any of these.
(h) "Real estate broker", or "real estate salesman" means an
individual, whether licensed or not, who, on behalf of others, for a
fee, commission, salary, or other valuable consideration, or who with
the intention or expectation of receiving or collecting the same,
lists, sells, purchases, exchanges, rents or leases real estate, or
the improvements thereon, including options, or who negotiates or
attempts to negotiate on behalf of others such an activity; or who
advertises or holds himself out as engaged in such activities; or
who negotiates or attempts to negotiate on behalf of others a loan.
secured by mortgage or other encumbrance,. upon a transfer of real
estate, or who is engaged in the business of charging an advance fee
or contracting for collection of a fee in connection with a contract
whereby he undertakes to promote the sale, purchase, exchange, rental,
or lease of real estate through.its listing in a publication issued
primarily for such purpose; or an individual employed by or acting
472
on behalf of any of these.
(i) "Financial institution" means bank, banking organization,
mortgate company, insurance company, or other lender to whom application
is made for financial assistance for the purchase, lease, acquisition,
construction, rehabilitation, repair, maintenance, or improvement
of real property, or an individual employed by or acting on behalf
of any of these.
(j) "Employer" means a person who has eight or more employees
within the state in each of twenty or more calendar weeks in the
current or preceding calendar year and an agent of such a person.
(k) "Employment agency" means a person regularly undertaking
with or without compensation to procure employes for an employer or
to procure for employes opportunities to work for an employer and
includes an agent of such person.
(1) "Labor organization" means a labor organization and an agent
of such an organization, and includes an organization of any kind,
an agency or employe representation committee, group, association, or
plan so engaged in which employes participate and which exists for the
purpose, in whole or in part, of dealing with employers concerning
grievances, labor disputes, wages, rates of pay, hours, or other terms
or conditions of employment, and a conference, general committee,
joint or system board, or joint council so engaged which is subordinate
to a national or international labor organization.
(m) "Employe" means an individual employed by an employer, but
does not include an individual employed by his parents, spouse or
child, or an individual employed to render services as a domestic
in the home of the employer.
(n) "Place of public accommodation, resort or amusement"
includes any place, store or other establishment, either licensed
or unlicensed, which supplies goods or services to the general public
or which solicits or accepts the patronage or trade of the general
public or which is supported directly or indirectly by government
funds; except that (a) a private club is not a place of public
accommodation, resort or amusement if its policies are determined
by its members and its facilities or services are available only to
its members and their bona fide guests; and (b) "place of public
M
473
accommodation, resort or amusement" does not include beauty shops
or barber shops as defined in FRS 317.410 nor a rooming or boarding
house containing not more than five rooms for rent or hire and which
is within a building occupied by the proprietor as his residence, nor
establishments catering exclusively to men or women only which do not
otherwise violate a state or federal law prohibiting such discrimination.
SECTION 3. Discrimination in Employment.
(a) It isan unlawful practice for an employer (1) to fail or
refuse to hire, or to discharge any individual, or otherwise discrim-
inate against an individual with respectto his compensation, terms,
conditions, or privileges of employment, because of such individual's
race, color, religion, sex,.or national origin; or (2) .to limit,
segregate, or classify his employees in any way which would deprive
or tend to deprive an individual of employment opportunities or
otherwise adversely affect his status as an employee, because of such
individual's race, color, religion, sex or national origin.
(b) It is an unlawful practice for an employment agency to fail
or refuse to refer for employment, or otherwise to discriminate against,
an individual because of his race, color, religion, sex or national
origin, or to classify or refer for employment an individual on the
basis of his race, color, religion, sex or national origin.
(c) It is an unlawful practice for a labor organization:
(1) to exclude or to expel from its membership, or otherwise
to discriminate against, a member or applicant for membership because
of his race, color, religion, sex or national origin;
(2) to limit, segregate, or classify its membership, or to
classify or fail or refuse to refer for employment an individual, in
any way which would deprive or tend to deprive an individual of
employment opportunities, or otherwise adversely affect his status
as an employee or as an applicant for employment, because of such
individual's -race, -color, religion, sex or national origin.
(3) -to cause or attempt.to c ause an employer to discrim-
inate against an individual in violation of this section.
(d) It is an unlawful practice for an employer, labor
organization, or joint labor-management committee controlling I
apprenticeship or other training or retraining, including on-the-job
474
training programs to discriminate against an individual because of
his race, color, religion, sex or national origin in admission to,
or employment in, any program established to provide apprenticeship
or other training.
(e) It is an unlawful practice for an employer, labor
organization, or employment agency to print or publish or cause to
be printed or published a notice or advertisement relating to employ-
ment by such an employer or membership in or any classification or
referral for employment by the employment agency, indicating any
preference, limitation, specification, or discrimination, based on
race, color, religion, sex, or national origin, except that such a
notice or advertisement may indicate a preference, limitation, or
specification based on religion, sex, or national origin when religion,
sex, or national origin is a bona fide occupational qualification
for employment.
SECTION 4. Discrimination in employment and in wages not
unlawful in certain cases.
Notwithstanding any other provision of this ordinance
it shall not be an unlawful pracrice for:
(a) an employer to hire and employ employees, or an
amployment agency to classify or refer for employment an individual,
for a labor organization to classify its membership or to classify
or refer for employment an individual, or for an employer, labor
organization, or joint labor-management committee controlling
apprenticeship or other training or retraining programs to admit or
employ an individual in any such program on the basis of his religion,
sex, or national origin in these certain instances where religion,
sex or national origin is a bona fide occupational qualification
reasonably necessary to the normal operation of that particular
business or enterprise.
(b) A religious corporation, association, or society to
employ an individual on the basis of his religion to perform work
connected with the carrying on by such corporation, association or
society of its religious activity.
(c) a school, college, university, or other educational
institution to hire and employ employees of a particular religion
475
if the school, college, university or other educational institution
is in whole or substantial part, owned, supported, controlled or
managed by a particular religion or by a particular religious
corporation, association, or society, or if the curriculum of the
school, college, university, or other educational institution is
directed toward the propagation of a particular religion and the
choice of employees is calculated by such organization to promote
the teligious principles for which it is established or maintained.
(d) an employer to apply different standards of compen-
sation, or idfferent terms, conditions, or privileges of employment
pursuant to a bona fide seniority or merit system, or a system which
measured earnings by quantity or quality of production or to employees
who work in different locations, provided that such differences are
not the result of an intention to discriminate because of race, color,
religion, sex, or national origin, nor is it an unlawful practice for
an employer to give and to act upon the results of any professionally
developed ability test provided that such test, its administration
or action upon the results is not designed, intended or used to
discriminate because of race, color, religion, sex, or national origin.
SECTION 5. Preference because of imbalance in employment
not required.
Nothing contained in this ordinance requires an employer,
employment agency, labor organization, or joint labor-management
committee subject to this ordinance to grant preferential treatment
to an individual or to a group because of the race, color, religion, sex,
or national origin of the individual or group on account of an im-
balance which may exist with respect to the total number or percentage
of persons of any race, color, religion, sex or national origin employed
by an employer, referred or classified for employment by an employ-
ment agency or labor organization, admitted to membership or classified
or
by a labor organization, or admitted to,/employed in, an apprentice-
ship or othef training program, in comparison with the total number
or percentage of persons of such race, color, religion, sex of national
origin in the state or a community, section, or other ares, or in the
available work force in the state or a community, section, or other
area.
476
SECTION 6. Discrimination in places of public accommodation resort
or amusement.
(a) Except as otherwise provided in this ordinance, it is
an unlawful practice for a person to deny an individual the full and
equal enjoyment- of the goods, serGdces, facilities, privileges,
advantages, and accommodations of a place of public accommodation,
resort or amusement, as defined in this ordinance, on the ground of
race, color, religion, sex, or national origin.
(b) It is an unlawful pracrice for a person, directly
or indirectly, to publish, circulate, issue, displat, or mail, or
cause to be published, circulated, issued, displayed, or mailed, a
written, printed, oral or visual communication, notice or advertisement,
which indicates that the goods, services, facilities, privileges,
advantages, and accommodations of a place of public accommodation,
resort or amusement, will be refused, withheld from, or denied
an individual on account of his race, color, religion, sex, or national
origin, or that the patronage of, or presence at, a place of public
accommodation, resort or amusement, or an individual, on account of
his race, color, religion, sex or national origin is objectionable,
unwelcome, unacceptable or undesirable.
SECTION 7. Unlawful housing practice
(a) It is an unlawful practice for a real estate operator,
or for a real estate broker, real estabe salesman, or an individual
employed by or acting on behalf of any of these:
(1) To refuse to sell, exchange, rent or lease or other-
wise deny to or withhold real property from an individual because of
his race, color, religion, or national origin;
(2) To discriminate against an individual because of
his race, color, religion, or national origin in the terms, conditions,
or privileges of the sale, exchange, rental or lease of real property
or in the furnishing of facilities or services in connection therewith;
(3) To refuse to receive or transmit a bona fide offer
to purchase, rent or lease real property from an individual because of
his race, color, religion, or national origin;
(4) To refuse to negotiate for the sale, rental or lease
of real property to an individual because of his race, color, religion
or national origin;
477
(5) To represent to an individual that real property
is not available for inspection, sale, rental, or lease when in fact
it is so available, or to refuse to permit an individual to inspect
real property because of his race, color, religion or national origin;
(6) To print, circulate, post or mail or cause to be
printed, circulated, posted or mailed an advertisement or sign, or
to use a form of application for the purchase, rental or lease of
real property, or to make a record of inquiry in connection with the
prospective purchase, rental or lease of real property, which indicates,
directly or indirectly, a limitation, specification, or discrimination
as to race, color, religion, or national origin or an intent to make
such a limitation, specification or discrimination;
(7) To offer, solicit, accept, use or retain a listing of
real property for sale, rental or lease with the understanding that
an individual may be discriminated against in the sale, rental or lease
of that real property or in the furnishing of facilities or services
in connection therewith because of his race, color, religion, national
origin; or
(8) To otherwise deny to or withhold real property from an
individual because of his race, color, religion, or national origin.
(b) Exemptions from housing provisions.
(1) Nothing in this section shall apply:
(a) to the rental of a housing accommodation in a building
which contains housing accommodations for not more than four families
living independently of each other, if the owner or a member of his
family resides in one of the housing accommodations;
(b) to the rental of a portion of a housing accommodation
by the occupant of the housing accommodation, or by the owner of the
housing accommodation if he or a member of his family resides therein;
(c) To a religious institution, or at an organization operated
for charitable or educational purposes, which is operated, supervised
or controlled by a religious corporation, association or society,
to the extent that the religious corporation, association, or society,
limits or gives preferences in, the sale, lease, rental, assignment,
or sublease of real property to individuals of the same religion,
or makes a selection of buyers, tenants, lessees, assignees, or
-.0
478
sublessees,that is calculated by such religious corporation,
association, or society to promote the religious principles for which
it is established or maintained;
(d) To the direct rental of six or less housing accommodations
by the private individual owner himself without assistance of any
kind rendered by a real estate operator, broker or salesman as
defined herein.
(2) Nothing in this section shall be construed to affect the
legal rights of a private individual homeowner to dispose of his
property any way he sees fit.
(3) Nothing in this section shall require a real estate operator
not
to negotiate with any individual who has/shown evidence of financial
ability to consummate the purchase or rental of a housing accommodation.
(c) Unlawful financial practices relating to housing.
It is an unlawful practice for a financial institution or an
individual employed by or acting on behalf of a financial institution:
(1) To discriminate against an individual because of the
race, color, religion, sex or national origin of the individual or the
present or prospective owner, tenant or occupant of the real property
or of a member, stockholder, director, officer, employe, or repre-
sentative of any of these, in the granting, withholding, extending,
modifying or renewing, the rates, terms, conditions, privileges or
other provisions of financial assistance or in the extension of
services in connection therewith; or
(2) To use a form of application for financial assistance
or to make or keep a record or inquiry in connection with applications
for financial assistance which indicate director or indirectly, a
limitation, specification, or discrimination as to race, color,
religion, sex, or national origin or an intent to make such a limitation,
specification or discrimination.
(d) Agency no defense in proceeding against real estate dealer.
It shall be no defense to a violation of this section by a real
estate operator, real estate broker, real estate salesman, financial
institution, or other person subject to the provisions of this section
that the violation was requested, sought or otherwise procured by a
person not sucject to the provisions of this section.
479
SECTION 8. Conspiracy to violate this ordinance unlawful.
It shall be an unlawful practice for a person, or for two or
more persons to conspire:
(a) To retaliate or discriminate in any manner against
a person because he has opposed a practice declared unlawful by this
ordinance, or because he has made a charge, filed a complaint,
testified, assisted or participated in any manner in any investigation,
proceeding, or hearing under this ordinance; or
(b) To aid, abet, incite, compel, or coerce a person to
engage in any of the acts or practices declared unlawful by this
ordinance; or
(c) To obstruct or prevent a person from complying with
the provisions of this ordinance or any order issued thereunder; or
(d) To resist, prevent, impede, or interfere with the
City of Paducah Human Rights Commission, or any of its members or
representatives, in the lawful performance of duty pursuant to the
Code of Ordinances of the City of Paducah.
SECTION 9. Enforcement
(a) The City of Paducah Human Rights Commission shall
have the power and duty to enforce the provisions of this ordinance.
(b) An individual claiming to be aggrieved by an unlawful
practice, or a member of the Commission, may file with the Commission
a written (sworn) complaint stating that an unlawful practice has
been committed, setting forth the facts upon which the complaint is
based, and setting forth the facts sufficient to enable the Commission
to identify the person(s) charged (respondent(s),k. The complaint must
be filed within six months after the alleged unlawful practice occurred.
(c) The Commission, or its designated committee, shall make
a prompt and full investigation of each complaint.
(d) If it is determined that there is no probable cause
to believe that the respondent is engaged in an unlawful practice,
the Commission shall issue an order dismissing the complaint.
(e) If it is determined, after investigation, that there
is probable cause to believe the respondent has engaged in an unlawful
practice, the Commission shall endeavor to eliminate the alleged
unlawful practice by conference, conciliation, and persuasion.
480
The terms of the conciliation agreement reached with the respondent
may require him to refrain from the commission of unlawful discrim-
inatory practices in the future and make such further provisions as
may be agreed upon between the Commission and the respondent.
Except for the terms of the conciliation agreement, neither the
Commission nor any officer or employee thereof shall make public,
without the written consent of the complainant and the respondent,
information concerning efforts in a particular case to eliminate
an unlawful practice by conference, conciliation, or persuasion,
whether or not there is a determination of probable cause of a
conciliation agreement.
(f) In any case of failure to eliminate the alleged
unlawful practice by means of conference, conciliation, and persuasion,
the Commission shall hold a public hearing to determine whether or
not an unlawful practice has been committed. The Commission shall
serve upon respondent a statement of the charges made in the complaint
and a notice of the time and place of hearing. The hearing shall be
held not less than ten days after the service of the statement of
charges! The respondent shall have the right to file an answer,
to appear at the hearing in person or be represented by an attorney,
and to examine and cross-examine witnesses. A determination of probable
cause shall in no way create a presemption of a violation.
(g) If three-fourths of the Commissioners attending a duly
constituted hearing determine that the respondent has engaged in an
unlawful practice, the Commission shall state its findings of fact
and conclusions of law and shall issue an order requiring the
respondent to cease and desist from the unlawful practice.
If the Commission fails to determine that the respondent
has engaged in an unlawful practice, the Commission shall so state
and shall issue an order dismissing the complaint.
(h) In connection with an investigation of a complaint
filed under this section, the Commission or its designated repre-
sentatives at any reasonable time may request access to premises,
records and documents relevant to the complaint and the right to
examine, photograph and copy evidence, but all such evidence not
otherwise presented at a public hearing, shall be of a confidential
nature.
481
(i) Where a real estate broker or a real estate salesman
has failed to comply with any order issued by the Commission or has
been found to have committed an unfair housing practice in violation
of this ordinance, the Commission shall notify in writing the
President of the local real estate board of said failure to comply
or of the violation.
SECTION 10. Penalties for conspiracy or disclosure of confidential
information.
Any person who wilfully engages in the practice of
conspiracy as set out in Section 8 above, and any person who shall
violate any provision of Section 9 above pertaining to confidential
records and information, shall be guilty of a misdemeanor, and
if convicted shall be fined not more than One Hundred Dollars
($100.00) or imprisoned for not more than thirty (30) days, or both.
SECTION 11. If any provision of this ordinance or the
application thereof to any person or circumstances is held to be
invalid, the invalidity does not affect the other provisions or
applications of this ordinance which can be given effect without
the invalid provision or application, and to this end the provisions
of this ordinance are severable.
SECTION 12. This ordinance shall be in full force and effect from
and after its adoption and publication as required by law.
Mayor f
Passed by the Board of Commissioners March 9, 1971
Recorded by Sarah Thurman, City Clerk, March 9, 1971